L N JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for various reliefs. However, Mr. Naik, learned counsel appearing for the petitioner states that the principal grievance or the prayer of the petitioner is to issue appropriate directions to the respondents Nos. 1 and 2 to treat the petitioner in service from 01. 11. 1984 in view of the Govt. Resolution dated 31. 01. 1992 read with the decision of this Court in Special Civil Application No. 896/91 and others.

(2.) MR. NAIK in furtherance of his submission also contended that as per the decision of this Court in Special Civil Application Nos. 896/91 and 1477/91, the issue was regarding inclusion of the period as on duty during which the petitioner were on training. He submitted that as per the said decision, the training period is to be included and the seniority is to be considered from the date on which the petitioner had started training and not the date of his formal appointment. He submitted that ultimately, the matter was carried before the Letters Patent Bench and finally, the Apex Court, as per the decision in the case R. S. Ajara and Ors. Vs. State of Gujarat and Ors, reported in (1997) 3 SCC 641, has taken the same view. In the submission of Mr. Naik, therefore, the Government is required to reconfirm the seniority accordingly keeping in view the aforesaid legal position.

(3.) THOUGH the petition has been admitted as back as on 09. 06. 1993, no affidavit-in-reply has been filed by the State Government opposing the petition or otherwise.